If you are an entrepreneur with a permit for waste management, it is worth familiarizing yourself with the new obligations resulting from the introduction of the Act of 20 July 2018 amending the act on waste and some other acts (Journal of Laws No. 1592). One of the most important points of the Act is to introduce an obligation to update your decisions. Namely, until September 5, 2019, entities that hold any of the following permits:
*permission to collect waste,
*permission for waste processing,
*permission to collect and process waste,
*or a permit for the generation of waste taking into account the collection / treatment of waste,
they are obliged to submit an application to change their decision, that is, to co-write it in a colloquial way. At the same time, it is necessary to indicate additional information about the business, and to attach relevant documents.
Failure to fulfill the obligation within the above period results in the expiration of the scope of defining waste collection or treatment requirements.
In the application to change the permits we have, which we will submit before September 5 of the current year, we must indicate the following information:
*the maximum mass of individual types of waste and the maximum combined mass of all types of waste that can be stored at the same time and which can be stored during the year;
*the largest mass of waste that could be stored at the same time in the installation, construction site or its part or any other place where waste is stored, resulting from the dimensions of the installation, building structure or its part or other place for waste storage;
*the total capacity (expressed in Mg) of the installation, the building object or its part or any other place for waste storage;
*the proposed form and amount of security for claims referred to in art. 48a of the Waste Act.
In addition, an entrepreneur who submits an application for a change to a waste management permit must also submit the following documents:
*fire service, referred to in art. 42 par. 1 point 1 of the Waste Act;
*certificates of good conduct, referred to in art. 42 par. 3a point 1 and 2 of the Waste Act;
*declarations of good conduct, referred to in art. 42 par. 3a, points 3-5 of the Act on waste;
*the decision referred to in art. 42 par. 4c of the Act on Waste;
*decision on land development and development conditions referred to in art. 4 par. 2 of the Act of March 27, 2003. on spatial planning and development, if for the area to which the application relates, a local spatial development plan has not been adopted, unless a decision on land development conditions is not required.
What is needed to release a fire service?
Entities submitting an application to change their decisions must submit a so-called fire service, which is attached to the above application. According to the legislators, the new obligation will contribute to the fight against the more and more frequent fires of landfills. The operation is necessary to obtain a positive decision of the State Fire Service and to be able to continue to dispose of waste. It is a document that defines the requirements resulting from the fire protection conditions of an installation, a building structure, its part or another place where waste is stored.
The process of document preparation is as follows: The waste management company prepares the documentation for the storage facility itself. Then a local vision is carried out to determine the fire protection conditions. After the local vision, an operation is prepared, which is forwarded to the City Commander or Poviat State Fire Service. He has 14 days to issue a decision.
The file contains:
- Formal and legal information – company’s NIP; types of waste processed and their mass determined annually; determining the place and method of storage / processing of waste; determining the maximum mass of individual types of waste and the maximum total weight of waste that can be stored at the same time; determining the capacity of the installation, facility or part in which the waste is stored; description of waste treatment and process methods; description of the technological process; presentation of technical capabilities that allow for proper performance of activities including the qualifications of employees, training, quality of owned installations and equipment; determination of the anticipated period of activity; definition of activities undertaken as part of monitoring and security controls; determination of the minimum and maximum amount of hazardous waste – especially for such compounds as: PCB, pentachlorophenol (PCB), chlorine, fluorine, sulfur and heavy metals.
- Information on fire protection – fire protection conditions; characteristics of the technological process, safeguards; fire characteristics of collected and processed waste; fire characteristics of facilities, production line, area; description of fire protection measures; determining if the facility meets building requirements in terms of safety, fire resistance class and security; determining the distance from other objects; fire travel conditions; water supply; equipping with required fire-fighting devices and methods for verification of their technical efficiency and maintenance; description of the procedure to be followed in the event of a fire, to protect works that are dangerous before a fire starts, to familiarize the users with any regulations and operating rules; tasks and obligations resulting from fire protection; ways to train employees and the period of retraining; a copy of the fire safety instructions; plans of facilities with the location of fire-fighting equipment, taps of the main gas installations, hydrants, hazardous materials, etc.
The Ordinance on fire-proofing requirements for waste is due to enter into force on August 22, 2019.
The Act also determines who is authorized to draw up a fire service. It all depends on who we direct the application to:
If we refer to the voivodship marshal or regional director of environmental protection, then the survey must be made by an expert on fire safety.
When the application is directed to the staroste, the operator may prepare a person with an education of fire engineers or higher education with the specialty of fire safety engineering.
It is worth adding that from February 22, 2019, entities that have permission to collect / process / produce waste taking into account the collection or processing and keep storage (manage the landfill) must meet new requirements regarding the video inspection system of the storage site. Current regulations also include mandatory checks before issuing permits. Administrative fines are being tightened for action without the necessary permits.
All new information regarding obligations resulting from waste management can be found on our website, in the “News” tab.